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in charge to make, immediately, a full examination into the condition of such convict, and if satisfied that he is insane the said board of inspectors, or the inspector in charge, may order the agent or warden of the prison where such convict is confined, forth with to convey said convict to the state lunatic asylum for insane convicts, and to deliver him to the superintendent thereof, who is hereby required to receive him into the said asylum and retain him there until legally discharged.
As amended by Laws of 1863, ch. 139. Post, vol. 6, p. 81.
S 9. Whenever any convict in the state lunatic asylum for viet to be insane convicts, under and by virtue of the provisions of this the county act, shall continue to be insane at the expiration of the term of his resi: for which he was sentenced, the board of inspectors, apon dence.
the superintendent's certificate that he is barmless and will probably continue so, and that he is not likely to be improved by further treatment in the asylum, or upon a like certificate that lie is manifestly incurable and can probably be rendered coinfortable at the county alms house, may cause such insane convict to be removed at the expense of the state, from said asylum to the county wherein he was convicted, or to the conuty of his former residence, and delivered to and placed under the care of the superintendent of the poor of such county, and the said superintendent is hereby required to receive such insane convict under his charge; they may also discharge and deliver any convict whose sentence has expired, and who is still insane, to his relatives or friends, who will undertake, with good sureties to be approved by said superintendent of the state lunatic convict asylum, for his peaceful bebavior, safe custody and comfortable maintenance without further public charge; and no convict shall be retained in the said state lunatic convict asylum after the expiration of his sentence to the state prison, upless by the order of the county judge of the county in which said asylum is situated; and the said county judge, upon the application of the said superintendent, shall proceed to investigate the question of the insanity of such convict, and shall cause two respectable physicians to be designated by him to examine said convict, and upon their evidence under oath, and upon such other testimony as he shall require, shall decide the case as to his insanity, and if he is satisfied that such convict is insane shall make an order that the said convict shall be retained in the said asylum until he is recovered of his insauity, or is otherwise discharged according to law; and the fees of sựich physicians and witnesses shall be audited by the state prison inspector in charge, and shall be a charge against the state, to be paid by the comptroller out of the general fund; but such fees shall not in any one case exceed the sum of ten dollars.
As amended by Laws of 1863, ch. 139. Post, vol. 6, p. 81.
CHAP. V. Convicts,
$ 10. Whenever any convict who shall have been confined in the said asylum as a lunatic shall have become restored to when rereason, and the medical superintendent of said asylum shall reason. so certify, in writing, he shall be forthwith transferred to the Auburn state prison, and the agent and warden of said prison shall receive said convict into the said prison, and shall in all respects treat such convict as if he had been originally sentenced to imprisonment in said prison, though said convict may have been conveyed to the said asylum from either of the other prisons of this state.
$ 11. Whenever the inspectors of state prisons shall order Convicts any convict to be transferred to the Asylum for Insane Con- ferred to victs, the agent and warden of the prison from which such asylam, &c. convict is transferred, shall cause a correct copy of the original certificate of conviction of said convict to be filed in his office, and shall deliver the original certificate to the superintendent of the asylum ; and when any such convict shall be transferred to the Auburn prison from such asylum, as herein before provided, the said superintendent shall deliver to the agent and warden of said prison such original certificate, which shall be filed in the clerk's office in said prison. $ 12. The physician who shall attend any meeting of the Pay of
physician. board of inspectors of state prisons, or who shall make any examinations of any convict, as hereinbefore provided, shall be paid his actual and reasonable traveling expenses in going to and returning from such examination or meeting, on the certificate of the president of the board of inspectors of state prisons that he has attended such meeting or examination.
Time of holding courts.
Passed July 9, 1851. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
$ 1. Courts of sessions, except in the city and county of New York, shall be held in the respective counties at such times as the county judge of the county shall by order designate. And the county judge shall in such order designate at which terms of the sessions a grand or petit jury, or both, or neither, shall be required to attend ; and no grand jury or petit jury shall be required to be drawn, or summoned to attend any term of the court of sessions which shall be designated by the county judge to be held without such jury; such order shall be published in a newspaper printed in such county, for four successive weeks previous to the time of holding the first term of said court under such order.
31 N. Y., 373.
Absence of judge
CHAP. 73. AN ACT to confer new powers and duties upon the court of Oyer and Terminer of this state.
Passes March 22, 1854. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
$1. Whenever at the time appointed for the commencevided for ment of any term of the court of oyer and terminer of this
state, or at any time during such term, if either of the justices of the peace, designated as members of the court of sessions of the county in which such term of court shall be held, shall not attend such court as a member thereof, the justice of the supreme court holding such court in the absence of the county judge of said county may at such term designate some other justice of the peace of the county to supply the vacancy occasioned by such non-attendance of any such justice until the justice not attending as aforesaid shall attend such court as a member thereof, but such designation by the justice of the
supreme court shall not authorize the justice designated by him to supply any such vacancy at any other term than that at which such designation shall be made.
special sessions, except in the city and county of New
Passed April 17, 1857. . The People of the State of New York, represented in Senate and Assembly, do enact as follows:
($ 1 amends $ 1, art. 1, chap. 2, Part IV, of Revised Statutes.)
$ 2. Courts of special sessions, except in the city and Jorlediocounty of New York and city of Albany, shall in the first than to hear instance have exclusive jurisdiction to hear and determine certain. charges for crimes and offenses within their respective counties in the cases in this section mentioned, and their judgment, decision or determination may be appealed from in the manner hereinafter provided :
1. Charges against persons driving any carriages upon any turnpike, road or highway in this state, for running, or permitting their horses to run ;
2. Charges for racing, running or testing the speed of any horse, or other animals within one mile of the place where any court shall be sitting;
3. Charges for cruelty to animals contrary to law; 4. Charges for cheating at games;
8. Charges for winning or losing at any game or play, or by any bet, twenty-five dollars within twenty-four hours;
9. Charges for selling liquor in court house contrary to law, and for selling liquor in jails contrary to law.
Amended by ch. 339 of Laws of 1859.
CHAP. 339. AN AOT in relation to courts of special sessions, courts of sessions, and police courts.
PASSED April 14, 1859. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
$ 1. All of the act entitled “ An act defining the powers Repealing and duties of courts of special sessions, except in the city act of 1864. and county of New York and the city of Albany, and courts of sessions, and regulating appeals in criminal cases,” passed
Certiorari to sessions allowed.
Power of courts of sessions.
April 17, 1857, with the exception of the first two sections thereof, is bereby repealed; that is to say, the last twentythree sections thereof, are repealed.
§ 2. A writ of certiorari to remove into the court of sessions of the county a conviction bad before any court of special sessions or police court, may be allowed on the application of the party convicted by any justice of the supreme court, or by any officer authorized to perform the duties of such justice in vacation.
$ 3. The courts of sessions of the several counties are vested with the same powers within their respective counties, in relation to such certiorari to courts of special sessions and police courts and the proceedings thereon and all matters growing out thereof or subsequent thereto or connected therewith, as are possessed by the supreme court under article four, of Title III, of chapter two, of the Fourth part of the Revised Statutes. All the provisions of said article fourth, except as herein otherwise provided, are made applicable to such certiorari hereby authorized, and to the allowance thereof, and to the proceedings thereon, and to all matters growing out thereof or subsequent thereto or connected therewith, including recognizances, judgment and sentence; but the writ, affidavit aud return, in cases under this act, shall be filed in the office of the county clerk, and the notice required by said Article fourth to be served on the attorney general shall in such cases be served on the district attorney of the county.
$ 4. The courts of sessions of the several counties in this state, shall have power to grant new trials upon the merits, or for irregularity, or on the ground of newly discovered evidence in all cases tried before them.
14 Ab., 91. [This act by repealing § 25 of the act of 1857, revives Title 3, article 4, of chapter 2, of the Fourth part of the Revised Statutes, which is accordingly restored in this edition. Ante, vol. 2, p. 742.]
New trials may be granted
counties of this state to extend their terms, and author-
PASSED April 9, 1859; three-fifths being present. The People of the State of New York, represented in Senato and Assembly, do enact as follows:
$ 1. It shall be lawful for the court of sessions of any county of this state to continue its sittings at any term thereof so long as it may be necessary in the opinion of such
Duration of term of court.